By Elkins H.B. No. 2408
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the unsuitability of certain solid waste facility
1-3 sites.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 361.104, Texas Health and Safety Code, is
1-6 amended by adding a new subsection and to read as follows:
1-7 Sec. 361.104. Prohibition on Permit for Facility in
1-8 Unsuitable Area. (a) The commission by rule shall prohibit the
1-9 issuance of a permit for a new hazardous waste management facility
1-10 or an areal expansion of an existing hazardous waste management
1-11 facility if the facility is to be located in an area determined to
1-12 be unsuitable under rules adopted by the commission under Section
1-13 361.103 unless the design, construction, and operational features
1-14 of the facility will prevent adverse effects from unsuitable site
1-15 characteristics.
1-16 (b) The commission may not authorize a new solid waste
1-17 management facility at a site for which a permit has been revoked
1-18 if the site is located within one-quarter mile (1,320 feet) of
1-19 recreational facility, park or school property. The commission may
1-20 not authorize an areal or capacity expansion of a solid waste
1-21 management facility which has not been constructed and operated
1-22 within ten years from permit issuance if the site is located within
1-23 one-quarter mile (1,320 feet) of recreational facility, park or
2-1 school property.
2-2 SECTION 2. The changes in law made by this Act shall apply
2-3 to facilities and sites permitted pursuant to the Texas Solid Waste
2-4 Disposal Act prior to and following the effective date of this Act.
2-5 SECTION 3. The importance of this legislation and the
2-6 crowded condition of the calendars in both houses create an
2-7 emergency and an imperative public necessity that the
2-8 constitutional rule requiring bills to be read on three several
2-9 days in each house be suspended, and this rule is hereby suspended,
2-10 and that this Act take effect and be in force from and after its
2-11 passage, and it is so enacted.